Rainwater Law Group

Effective Criminal Defense

Carrillo-Carrillo v. Coursey, No. 14-35897 [May 24, 2016]

Carrillo-Carrillo v. Coursey

The district court dismissed Carrillo’s petition with prejudice after concluding that he had not fairly presented his claims to the Oregon state court first, as he was required to do. The Court disagreed finding Carrillo gave the Oregon courts a fair opportunity to rule on his claims and remanded to the district court for a hearing on the merits. Carrillo’s petition raised a claim of ineffective assistance of counsel as his “counsel had unduly pressured him into pleading no contest, and that as a result he did not enter his plea knowingly and voluntarily.” Under Oregon law a petitioner can properly present his claims to the Court of Appeal by attaching a copy of his PCR petition to his Balfour brief.” Here, he not only attached a copy but reference it in his part of the Balfour brief. (For the same reasons he also properly submitted his claims to the Oregon Supreme Court.) The court further found, his additional claims of relief related to his trial counsel’s ineffectiveness were not separate and distinct claims for relief and, therefore, were properly presented as they stated the reasons he felt pressured to enter a plea.

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